San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1887-11-19
SATURDAY, NOVEMBER, 10, 1887.
NOT ACCORDING TO HoYLE.

NOl ACCOhDlNO ~ hOfLE'
1t is an unfortunate coincidence
which brings the action of the grand
jury, of which Col. August Belknsp il
not foreman, and the order Of the mayor
vscating certain street car lines. In such
close proximity, Ii ia made unneces-
ssrily, and ignOrantly, the occasion OF
charge OF retaliation which cannot exist.
as the mayor is indicted before the fed
eral grand jury Of which Col. Belknap is
not member. The actions OF that grand
jury are to be judged of solely upon
their merits. The order vscating the
street car lines is to be judged OF wholly
upon Its merits.
Concerning the indictment OF the
mayor by the federal grand jury, for not
preserving order and for being impli-
Gated in the disturbances of last July,
during the prohibition excitement, it is
not necessary to say more than that at
the time the mayor was exculpated from
that charge, upon the examination be-
fore the United States commissioner, ii
was more than limited that the matter
would be brought to the attention Of
the grand jury. That grand jury Is
now in session upon oath duly
sworn to make such findings
as the evidence before 1t warrants
The members of that grand jury are not
the witnesses, and until the contrary is
shown they are to be accepted as true
and loyal jurors making inquest into
causes that come before them accord
ing to their oaths, irrespective of the
persons of the offenders. 1t is not right,
just, manly, honest or square to charge
that grand jury with having indicted
the mayor, upon other than due infOr-
nation properly presented and sworn
to.
As to the order vscating the street car
line on Commerce street, the facts are so
far as can be known from the face of the
records, decidedly adverse to the mayors
position in the premises. The ordi-
nance of the council upon which this
vacating order is based is the ordinance
granting right OF way, which
says Nothing In this Ordi-
nance shall be construed into the
granting permission to said COM
psny to construct any roadway
on Commerce street." This prohibition
did not in any way prevent the laying
Of the present railway track, as that
track was laid and In operation over
Preside street 1.-THE street now known
as West COmmerce) and which was not
changed from Preside to Commerce I'M
til some years after the street railway
line was In operation. The city ordi-
nsnces and records are conclusive on
this point 80 far as they conclude any
thing which the present head Of this
city administration seems to consider
himself bound to regard. Unless the
city can show that the injunc-
tion excepting Commerce street
from the location of any city
railway line was perpetual, and
intended to cover any and all streets tC
which the name of Commerce is at
tacbed, it cannot show cause why the
street car line on West Commerce
should be vacated. TO say that any or
dinance could be so framed is in Itself ,
pery.rsion Of the very idea Of location
30 far as street car lines are concerned
1t may be set down as gospel that tn,
San Antonio street railway line will no
vaeste until they have to, and If any for
chile measures are resorted to before tn,
case 10 settled in the courts the city may
have to pay pretty dearly for the incom
Potency OF it's administration. The right
OF corporations are as sacred as the
rights Of individuals. 1t is the
province Of the city to protect
rights and prevent abuses, moi
the reverse, and this order for vacation
OF the city street-oar line does seem
from sill the facts obtainable to be a di,
rect violation Of chartered right which
the company has long enjoyed without
question, and upon the conceded au
thOrity Of the city council.